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Dilemmas of European Integration: The Ambiguities and Pitfalls of Integration by Stealth

Giandomenico Majone

Published in print:
2005
Published Online:
February 2006
ISBN:
9780199274307
eISBN:
9780191603310
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0199274304.001.0001
Subject:
Political Science, European Union

The Community method is the traditional approach to European integration. However, the method is becoming obsolete, being too rigid to permit institutional and policy innovations, or to apply to ... More


The Community Method

Giandomenico Majone

in Dilemmas of European Integration: The Ambiguities and Pitfalls of Integration by Stealth

Published in print:
2005
Published Online:
February 2006
ISBN:
9780199274307
eISBN:
9780191603310
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199274304.003.0003
Subject:
Political Science, European Union

The Community system is not based on separation of powers but on representation of interests. Each European institution is the bearer of a particular, national or supranational interest, which it ... More


Institutional Balance as Interest Representation: Some Reflections on Lenaerts and Verhoeven

Stijn Smismans

in Good Governance in Europe's Integrated Market

Published in print:
2002
Published Online:
March 2012
ISBN:
9780199246083
eISBN:
9780191697548
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199246083.003.0003
Subject:
Law, EU Law

This chapter comments on the institutional balance formulated by Lenaerts and Verhoeven in the preceding chapter. Section I describes the ‘traditional’ interpretation of institutional balance to ... More


The European Union after the Lisbon Treaty: An Elusive ‘Institutional Balance’?

Thomas Christiansen

in EU Law after Lisbon

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199644322
eISBN:
9780191738173
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199644322.003.0011
Subject:
Law, EU Law

The chapter examines the new institutional dynamics of the European Union after the Lisbon Treaty, with a particular focus on the relationship between the European Commission and the Council of ... More


The Legal Limits to Agencification

Merijn Chamon

in EU Agencies: Legal and Political Limits to the Transformation of the EU Administration

Published in print:
2016
Published Online:
August 2016
ISBN:
9780198784487
eISBN:
9780191826979
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198784487.003.0005
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter looks into the legal limits to the establishment and empowerment of EU agencies, firstly from the perspective of the principles of conferred powers, subsidiarity, and proportionality. ... More


Conclusion: The Rewards and Risks of Power Loss for Members and Institutional Balance

Jasmine Farrier

in Congressional Ambivalence: The Political Burdens of Constitutional Authority

Published in print:
2010
Published Online:
September 2011
ISBN:
9780813192628
eISBN:
9780813135496
Item type:
chapter
Publisher:
University Press of Kentucky
DOI:
10.5810/kentucky/9780813192628.003.0006
Subject:
Political Science, American Politics

Emphasizing public legislative history and rhetoric, it can be argued that Congress has suffered from an existential crisis revealed in cycles of ambivalence, where members first delegate power, then ... More


Constitutional Controls on Delegation

Catherine M Donnelly

in Delegation of Governmental Power to Private Parties: A Comparative Perspective

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199298242
eISBN:
9780191711626
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199298242.003.0004
Subject:
Law, Constitutional and Administrative Law

A central issue in the discussion of delegation of governmental power to private actors is the extent to which governmental actors enjoy a capacity to delegate their power in the first instance. This ... More


Participation Rights in EU Administrative Rule‐making

Joana Mendes

in Participation in EU Rule-Making: A Rights-Based Approach

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199599769
eISBN:
9780191729195
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599769.003.0005
Subject:
Law, EU Law

Chapter 5 examines the Courts' approach to participation in rulemaking procedures analysing in depth the Courts' leading ruling on this matter (Atlanta). It argues that the different positions of the ... More


The Judge and the Community's Administrative Governance

Loïc Azoulay

in Good Governance in Europe's Integrated Market

Published in print:
2002
Published Online:
March 2012
ISBN:
9780199246083
eISBN:
9780191697548
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199246083.003.0004
Subject:
Law, EU Law

This chapter also focuses on the search for a ‘new institutional balance’, but addresses a series of tensions that need to be balanced. The potential of law to resolve social problems may be ... More


Loyalty in the EU Treaties

Marcus Klamert

in The Principle of Loyalty in EU Law

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199683123
eISBN:
9780191763182
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199683123.003.0001
Subject:
Law, EU Law, Constitutional and Administrative Law

Chapter 1 discusses the origins of Union loyalty since the European Coal and Steel Community. It deals with specifications of loyalty in the Treaties that provide a ‘taste’ of its various functions ... More


Brexit and EU Institutional Balance: How Member States and Institutions Adapt Decision-making

Uwe Puetter

in The Law & Politics of Brexit

Published in print:
2017
Published Online:
November 2017
ISBN:
9780198811763
eISBN:
9780191853692
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198811763.003.0012
Subject:
Law, EU Law, Constitutional and Administrative Law

The chapter focuses on the implications of Brexit on the EU inter-institutional balance, and inter-state relations, and argues that not much change is to be expected here. According to Puetter, the ... More


EU Acts and Member State Acts in the Negotiation, Conclusion, and Implementation of International Agreements

Alan Dashwood

in EU Legal Acts: Challenges and Transformations

Published in print:
2018
Published Online:
March 2018
ISBN:
9780198817468
eISBN:
9780191859120
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198817468.003.0008
Subject:
Law, EU Law

The new institutional balance resulting from the Treaty of Lisbon is being tested nowhere as sharply as in the field of the exercise of the EU’s powers of external action. There is a wealth of recent ... More


EU Legal Acts: Challenges and Transformations

Marise Cremona and Claire Kilpatrick (eds)

Published in print:
2018
Published Online:
March 2018
ISBN:
9780198817468
eISBN:
9780191859120
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198817468.001.0001
Subject:
Law, EU Law

In this collection of essays, which were first presented at the Academy of European Law in Florence, we bring together a series of contributions which explore the changing landscape of the EU’s legal ... More


Foundations

Paul Craig

in EU Administrative Law

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198831655
eISBN:
9780191932311
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198831655.003.0011
Subject:
Law, EU Law

The discussion thus far has considered the different ways in which the EU delivers policy. The focus has been on administration and law. In the second part of the book the focus shifts to law and ... More


EU Agencies: Legal and Political Limits to the Transformation of the EU Administration

Merijn Chamon

Published in print:
2016
Published Online:
August 2016
ISBN:
9780198784487
eISBN:
9780191826979
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198784487.001.0001
Subject:
Law, EU Law, Constitutional and Administrative Law

In the past two decades the EU legislator has established a growing number of subsidiary bodies commonly referred to as EU decentralized agencies. In recent years, increasingly significant powers ... More


Article 13 TEU

Paul-John Loewenthal

in The EU Treaties and the Charter of Fundamental Rights: A Commentary

Published in print:
2019
Published Online:
March 2021
ISBN:
9780198794561
eISBN:
9780191927874
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198759393.003.18
Subject:
Law, EU Law

The Union shall have an institutional framework which shall aim to promote its values, advance its objectives, serve its interests, those of its citizens and those of the Member States, and ensure ... More


Questions of Jurisdiction and the Discretion to Decline a Request for an Advisory Opinion

Vladimir Djeric

in The Law and Politics of the Kosovo Advisory Opinion

Published in print:
2015
Published Online:
May 2015
ISBN:
9780198717515
eISBN:
9780191787058
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198717515.003.0006
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter deals with questions of the jurisdiction of the International Court of Justice in the Kosovo advisory proceedings and its discretion to decline to exercise advisory jurisdiction. These ... More


Comitology, Rulemaking, and the Lisbon Settlement: Tensions and Strains

Paul Craig

in Rulemaking by the European Commission: The New System for Delegation of Powers

Published in print:
2016
Published Online:
March 2016
ISBN:
9780198703235
eISBN:
9780191772535
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198703235.003.0009
Subject:
Law, EU Law, Constitutional and Administrative Law

The chapter begins by considering the core assumptions underlying the Lisbon model and the rationale for the division between delegated and implementing acts. The subsequent analysis then addresses ... More


Interinstitutional Tensions in the New System for Delegation of Powers

Thomas Christiansen and Mathias Dobbels

in Rulemaking by the European Commission: The New System for Delegation of Powers

Published in print:
2016
Published Online:
March 2016
ISBN:
9780198703235
eISBN:
9780191772535
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198703235.003.0005
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter discusses how the new system for delegation of powers has been put into practice by examining in some detail a number of classic key ‘sites’ for inter-institutional conflict. This ... More


Article 7 TEU: From ‘Nuclear Option’ to ‘Sisyphean Procedure’?

Laurent Pech

in Constitutionalism under Stress

Published in print:
2020
Published Online:
October 2020
ISBN:
9780198864738
eISBN:
9780191896774
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198864738.003.0011
Subject:
Law, Constitutional and Administrative Law

In December 2017, the EU’s Art 7 TEU, often informally but mistakenly referred to as the EU’s ‘nuclear option’, was activated for the very first time by the European Commission in respect of Poland. ... More


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